eric g johnson law
Experienced Criminal Defense
318-377-1555
  • Home
  • About Us
    • Attorneys
      • Eric G. Johnson
      • Rachel W. Bays
      • Staff
    • Client Testimonials
  • Cases We Handle
    • Criminal Defense
    • Drug Offenses
      • Drug Possession
      • Drug Trafficking & Distribution
      • Prescription Drug Crimes
      • Drug Court Representation
    • DUI/DWI
      • DUI Defense Strategies
      • Commercial Driver License (CDL) DUI
      • Refusing DUI Tests
      • Underage DWI
      • Vehicular Homicide
    • Property & Theft Crimes
      • Theft
      • Robbery
      • Burglary
      • Trespassing
      • Shoplifting
      • Credit Card Fraud
      • Identity Theft
      • Welfare Fraud
    • Sex Offenses
      • Sexual Battery
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Prostitution
      • Video Voyeurism
    • Federal Crimes
      • Federal Criminal Defense
      • Federal Computer Crimes
    • Traffic & Driving Offenses
      • Driving Without a License
      • Vehicular Manslaughter
      • Hit and Run
    • Violent Crimes
      • Murder
      • Manslaughter
      • Assault and Battery
      • Protective Orders
      • Domestic Violence
      • Weapon Offenses
      • Stalking
    • White Collar Crimes
      • Embezzlement
      • Money Laundering
      • Tax Fraud and Evasion
      • Counterfeiting
      • Money and Asset Forfeiture
    • Other Criminal Matters
      • Appeals & Post-Conviction Relief
      • Arson and Criminal Mischief
      • False Imprisonment
      • Resisting an Officer
      • Violation of Probation
      • Juvenile Offenses
      • Criminal Appeals
      • Post-Conviction Relief
      • Criminal Expungement
        • Louisiana Expungement Laws
  • Areas We Serve
    • Shreveport, LA
      • Drug Defense Attorney
      • Domestic Violence
      • DWI Lawyer
      • BUI Lawyer
      • Traffic Offenses Lawyer
      • Theft Lawyer
      • Marijuana Possession Lawyer
    • Monroe, LA
      • Drug Defense Lawyer
      • DWI Lawyer
      • Sex Offense Attorney
      • DUI Lawyer
    • Ruston, LA
      • Drug Defense Attorney
    • Tallulah, LA
    • Louisiana Parishes
      • Bossier Parish
      • Caddo Parish
      • Claiborne Parish
      • Bienville Parish
      • De Soto Parish
      • Lincoln Parish
      • Natchitoches Parish
      • Sabine Parish
      • Webster Parish
      • Ouachita Parish
  • Recent Cases
  • Blog
    • FAQ
  • Contact Us
Smelling like marijuana

Can I Be Searched for Smelling Like Marijuana in Louisiana?

October 30, 2019Eric G. Johnson

Recently, the state of Louisiana passed a bill that made medical marijuana available with a valid prescription from an approved doctor. Passage of the bill was accompanied by excitement from those expected to benefit from the drug. But it was also accompanied by a myriad of questions from those who are concerned about how the bill will affect future marijuana laws in Louisiana.  In addition to questions regarding the medicinal form of the drug, there have been questions about the possession of recreational marijuana as an illegal substance. One question that’s come up is “Can I be searched for smelling like marijuana?”

It’s imperative to understand your rights regarding drug possession and searches as they pertain to the law. Therefore, we’re going to discuss the answer to that question.

Table of Contents

Toggle
  • Louisiana Marijuana Possession Laws
  • Probable Cause for Search in Louisiana
  • What to do During a Drug Search
  • Trusted Drug Attorneys Near You

Louisiana Marijuana Possession Laws

According to federal law, marijuana is a Schedule I controlled substance. Under both federal and Louisiana state laws, possession of a Schedule I substance is illegal and subject to strict penalties. The only people who have immunity from prosecution for possession of marijuana are those with a medical marijuana prescription. Even then, it’s still illegal to grow, sell, or distribute the drug. If convicted of possession of marijuana in the state of Louisiana, you can face minimum fines of $300 and a minimum of 15 days in the parish jail. 

Probable Cause for Search in Louisiana

Probable cause is defined as “Reasonable grounds for pressing a charge, making a search, etc.” Although the smell of marijuana might be enough to raise questions regarding whether or not you have been using, sense of smell is still highly subjective. Therefore, the smell of marijuana is not considered probable cause for a search in most locations.

If the police suspect you’re growing or using marijuana in your home, they need more evidence than the smell of marijuana to warrant a search. Likewise, if the police suspect you’ve been smoking marijuana in public, they must visibly see either marijuana or marijuana paraphernalia.

The only location where the smell of marijuana is deemed a somewhat probable cause for a search is your vehicle. Due to strict DUI laws in the state of Louisiana, it’s unlawful to smoke marijuana while inside or operating your vehicle. Therefore, if an officer pulls you over and smells marijuana, they have the right to conduct a plain sight search of your vehicle. That means they can search your vehicle for marijuana left in a visible location.

What to do During a Drug Search

It’s important to remember that in order to conduct a search, a police officer must either have a warrant or your consent. Whether an officer wants to search your home or your vehicle, you have the right to remain silent and the right to an attorney. In any situation, it’s in your best interest to exercise that right and obtain a lawyer. A trusted drug attorney can help you understand your rights as they pertain to drug searches and develop a viable defense if you’re charged with possession of drugs. 

Trusted Drug Attorneys Near You

At The John D. & Eric G. Johnson Law Firm, we have more than 25 years of experience in criminal law and helped thousands of people by developing viable defense strategies that hold up in court. So, whether you’ve been charged with drug possession or are the victim of an unlawful search and seizure, we have the knowledge to help you. 

For a free consultation with any of our Louisiana Bar Association certified lawyers, call our office at 318-377-1555 or fill out our online contact form today. We look forward to meeting you soon.

Recent Posts

  • Evidence Suppression in DWI Cases: When Police Procedures Cross the Line
  • Defending Against Digital Forensics in Child Pornography Cases
  • Armed Robbery vs. Simple Robbery: Critical Differences in Louisiana Law
  • Understanding Louisiana’s Drug Quantity Thresholds: How Weight Determines Your Trafficking Charges
  • How an Attorney Can Encourage the Dismissal of Felony Charges

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
Facebook
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2025 John D. & Eric G. Johnson Law Firm, LLC. Disclaimer Privacy Policy. Legal Website Powered by Market My Market